Study On Tort Liability For Violating The Security Obligations

The so-called Security obligations are the duty that in a particular legal relationship one party against the other party in the scope of reasonable limits on the protection of their persons or property from damage, he shall bear civil liability if he did not do the Security obligation and caused personal injury or property damage. The Security obligation is an objective requirement for the development of society. At the present stage of the development of our country, the legislation on the Security obligation system include The People's Republic of China Tort Law and Interpretations on Issues of Laws Applicable to Cases of Compensation for Personal Injury by the Supreme People's Court, at the same time scholars have increased research on the Security obligation system. However, there are many problems both in theory and practice level on the system. As our legislation on this issue started relatively late, some aspects should be improved.Security obligations developed from practice and is recognized by the legislation in most countries must have the theoretical basis of its existence. The theoretical basis of safety and security obligations including the principle of good faith, risk control theory, the total cost savings and social protection of human rights philosophy.Safety and security of civil law obligations of the ultimate means of tort law or contract law to resolve. Based on civil law system of civil law by following the features of German civil law, as well as the development trend of modern civil law, the obligations of the legal nature of security is defined as a legal obligation on the tort law is more appropriate. If the security obligations in the Contract Law located in the accompanying obligation or contractual obligation, we will have the right to security of persons suspected of too lightly, because of contractual obligations to expand the area of tort law, after all, is limited. Contractual obligations are often only effective between the parties in the contract, if the civil activities of the main non-parties to a contractual relationship, no obligations on the security agreement, then because of the relative nature of the contract, it is difficult on the subject of civil remedies in contract law on, the parties can not effectively protect the safety. If the security obligations into contract law, contract law principles of the original theory of relativity will be greatly affected.Safety and security of civil law obligation on the fault tort liability principles and the common law presumption of national security obligations of a reasonable assessment of risk theory, the tort of breach of duty of security responsibility legislation has a positive reference. Breach of security violations were attributable to obligations, we must weigh two factors. First, insist on fairness, justice, legal philosophy, for the interests of the victim suffered damage in its full protection. The second is to consider the obligations of human social activities, security costs, benefits and affordability, their actions delineated a reasonable range. The principle of presumption of fault on the safety and security obligations through the Standards of human conduct, clearly attributable to the fault as a prerequisite for easing the tensions of the perpetrator and clear boundaries for their behavior, that if the perpetrator has done Note that the negative free tort liability, making the perpetrator unfettered freedom in this context, the courage to engage in civil activities. Thus, the law in maintaining social security, they also left space for individual freedom.Breach of security obligations, including Elements of tort liability:the perpetrator in violation of security obligations; actors subjective fault; damage to the facts; breach of security and the obligations of the causal relationship between damage to the facts. Acts in violation of the obligations of the security element contains two aspects:on the one hand security duties perpetrator responsibility; other acts in violation of this obligation, with the illegality of their actions. Obligations in violation of safety violations, the safety and security obligations is not entirely the fault of the nature of the fault of security obligations, excluding the application of deliberate. Security obligations, including human damage caused by the fact that personal injury and property damage:personal injury caused by that tort victim's right to life, physical damage to the right and the right to health; property damage caused by the victims of that infringement of existing property reduced. Bear the main duties in safety and security, safety and security obligations for breach causes harm to another, which should bear tort liability law. Commitment to specific forms of tort liability, if the organization fails to perform security management and other obligations to the direct result of the damage occurred, you should assume direct responsibility; If damage results, although by a third person direct result of criminal acts, However, managers in the organization is not illegal for a third party to take effective preventive measures against the case of security obligations must bear the added responsibility.